However, the law that more often applies to common interest developments is the Fair Housing Law. Associations are required by state and federal law to allow reasonable accommodations to persons with significant disabilities. These accommodations are at the cost of the requester, not the association -- and not all accommodations are "reasonable." If the accommodation requested involves creating a nuisance to other members, it is not reasonable. In the case of a resident who installs a wood floor in violation of the governing documents, a nuisance is created for the member living underneath. A member claiming allergies may not install any hard floor they want, disregarding the consequences to lower units.

However, if a disability is proven, consider a compromise mitigating the nuisance issue. Perhaps the requesting party will agree to install substantial noise buffering measures under the flooring, and will agree to remove the hard flooring when they vacate the unit. The sound mitigation steps might be sufficiently strong that the lower neighbor agrees, so the Association can accommodate the member without jeopardizing the peace of other neighbors.

A very helpful guide on this subject can be found in the web site of the Department of Housing and Urban Development. A joint publication with the Justice Department, it can be found at www.hud.gov/offices/fheo/disabilities, under the "highlights" tab. It explains what accommodations are "reasonable" and how they are handled.

Requesting homeowners and Boards must both be reasonable.